Legal Question in Landlord & Tenant Law in Michigan
Deposit Itemization
My tenant moved out without notice, 3/31/08. She owes $735.00 rent for March and 100.00 for unpaid rent from February. She also owes for an unpaid Edision Bill that I left in my name(she couldn't get it in her own name) for $98.00. After she moved out she sent a letter stating she wanted all her deposit returned, because she had a rodent problem. She informed us of a possible rodent problem on 3/18/08 and we called an exterminator out within 3 days. My question is if I send her a Deposit Itemization only claiming back rent and late fees and she disputes it, do we have to take her to court, or does she have to take us to court. And if she takes us to court, can we still claim the unpaid Edision Bill?
2 Answers from Attorneys
Re: Deposit Itemization
A security deposit may be used for rent, damages, and utilities that are the responsibility of the tenant. You may include all three of the items you address in your use of the deposit. If she disputes it then you must file an action to prove the damages in a court. Based on your information the Edison bill may be included. Additional information my be found at www.SevickLaw.com
Re: Deposit Itemization
you can claim the rent, but only the utilities if it is in the lease. Assuming you took care of the rodent problem, her defense to rent payment is weak. Visit my website at www.kliszlaw.com for more information of call my office to discuss. Tim Klisz
Related Questions & Answers
-
Writ of restitution Working through the district court, I obtained a writ of... Asked 4/03/08, 12:14 am in United States Michigan Landlord & Tenants